Just had a parent quit without notice...is my contract valid?

[Unregistered]

I send out contracts every January so I can always keep all paperwork in a child's file current within 12months. A DCG started last June, and the 2014 contract was signed, which also specifically says 30 days notice must be given or paid out when withdrawing a child. In early January, I sent out new contracts requiring them to be signed as soon as possible. On Friday 1/16 I had a parent quit without notice, saying that since she didn't sign the new contract, she doesn't owe me anything. Do I have any recourse?

-None. Because it's now 2015 and she didn't sign the new contract.
-2 weeks worth, because the old contract was valid until December 31st, and 30 days past for the notice, which she would be responsible for paying the last 2 weeks of January.
-Full 30 days, because regardless if the contract says 2014 on it, she signed it and was fully aware of the notice that was needed.

I am trying to decide if it's worth taking to small claims or not?

[sharlan]

Does your contract specify what dates it covers - Jan 1 - Dec 31, 2014 or is it open ended?

I have my parents update it yearly and initial it, but there is no end date on it. In other words, the contract that my parents originally signed is still valid.

[permanentvacation]

I would think it depends on what your 2014 contract states as an 'ending date' to the contract. But if I were you, I'd call a lawyer and ask. Some lawyers will answer a few questions over the phone or will meet with you for free one time.

[Unregistered]

Dates are not specified, just at the bottom is says "2014 Contract" I never intended that to mean just for 2014. That was just when I wrote it. I never thought anything of it until now.

[Heidi]

I am sure Tom Copeland could answer this. If you ask a mod to move it to the tax forum, he is more likely to see it, I think.

[daycarediva]

Does your contract specify what dates it covers - Jan 1 - Dec 31, 2014 or is it open ended?

I have my parents update it yearly and initial it, but there is no end date on it. In other words, the contract that my parents originally signed is still valid.

I do this, too. At the suggestion of my registrar I have them initial ALL paperwork annually.

I really don't know the answer to this, and am interested to hear if anyone has gone through something similar.

[MOM OF 4]

If it says 2014 contract, you may not have a case depending on how and where it is placed.

If it says it at the bottom, like a copyright, you might be OK, especially if it says 'contracts updated annually'. If a person signed mid year, contracts usually go up to one year, but again, that depends on what year is written in the body of the contract.
You could be on a 'month to month' deal as well, meaning old contract applies (like in a lease situation) until either she signs new one or has left. But all contractual obligations would still apply in spite of her not signing. I'd call her and actually suggest that. "DCM, I wanted to remind you that 30 days notice is still owed for your notice period. While you may not have signed the new contract yet, the old one still applies until you either do sign, or you have given the proper noticed as outlined in the contract you did, in fact, sign and agree to; just as in the event of a renter on a month to month lease. Please remit your payment by (date) to avoid further legal action from being taken." Thanks, DCPROVIDER.

I would hire a lawyer to look it over, though as well, in case she tries to yank your chain. I HATE parents that play games.

[Unregistered]

The placement is in the footer at the bottom of each page of the handbook, the specific contract signing page is last, and also contains the footer "ABC Childcare-2014 Parent Handbook"

[Second Home]

I put something like " This contract remains in effect until any change is agreed upon in writing or upon termination of care".

[Blackcat31]

The placement is in the footer at the bottom of each page of the handbook, the specific contract signing page is last, and also contains the footer "ABC Childcare-2014 Parent Handbook"

That line may simply signify what year you created the contract.

Just because the parent refused to sign the new one does not mean they get out of having to pay.

I'd treat this like any other non-payment issue and pursue all avenues for collecting what is owed.

[Kabob]

For future reference, whenever I was renewing contracts, I told families that they had until 2 weeks before the expiration date to renew the contract or else I would begin looking to fill their spot...I was always worried they would pull this very stunt but never did...hope they pay you! It doesn't sound like you specifically said the contract expired in 2014...

[SilverSabre25]

You may want to put out an addendum to the 2015 contract and all future contracts clarifying this issue

[bubblegum]

Do you require written termination?

[Alwaysgreener]

For future reference, whenever I was renewing contracts, I told families that they had until 2 weeks before the expiration date to renew the contract or else I would begin looking to fill their spot...I was always worried they would pull this very stunt but never did...hope they pay you! It doesn't sound like you specifically said the contract expired in 2014...

Yes this. Have them ready in December 1st, then they have 2 weeks to return signed. Those who don't have it return you can start advertising to fill spots.

[CraftyMom]

In my enrollment pack from the state it says "all signatures are valid for one year from date signed". This is from the state, not me. Perhaps yours says something similar?